Blackberry 2013 Annual Report Download - page 47

On August 31, 2011, Openwave Systems Inc. (“Openwave”) filed a request that the ITC commence an investigation of alleged
unlawful importation by the Company and that the ITC issue orders prohibiting certain of the Company’s products from being
imported into the U.S. and sold in the U.S. Openwave alleges that the Company infringes U.S. Patents Nos. 6,233,608; 6,289,212;
6,405,037; 6,430,409; and 6,625,447. The patents are generally related to wireless data management. The claim construction hearing
was held on July 25-26, 2012. Trial has been set for October 15, 2012 and the target date is March 12, 2013. On May 29, 2012, the
ALJ re-set the initial determination date to be February 6, 2013 and re-set the target date for June 6, 2013. On October 12, 2012,
Openwave filed an unopposed motion to terminate the investigation in its entirety. That same day, the court issued an initial
determination terminating the investigation. On November 13, 2012, the investigation was terminated. Openwave also filed a
companion complaint in the U.S. District Court for the District of Delaware regarding the same patents. On October 17, 2011 the
Delaware court stayed the case pending the ITC investigation. On December 28, 2012, the Delaware court issued an order lifting the
stay. The court has yet to issue a schedule. Proceedings are ongoing.
On September 7, 2011, Negotiated Data Solutions Inc. (“NData”) filed a lawsuit against the Company in the U.S. District Court for
the Eastern District of Texas (Marshall Division) along with five other defendants asserting infringement of U.S. Patent Nos.
5,361,261; 5,533,018; 5,566,169; and 5,594,734, which are generally directed to isochronous capability or frame based transmission
of data. The complaint seeks an injunction and monetary damages. A claim construction hearing occurred on December 5, 2012 and
the trial is set for July 1, 2013. The Company and NData settled all outstanding litigation on February 4, 2013 for an amount
immaterial to the Consolidated Financial Statements. The court dismissed the case with prejudice on February 19, 2013.
On September 12, 2011, WiAV Networks, LLC filed a lawsuit against the Company and one other defendant in the U.S. District
Court for the Northern District of Texas alleging infringement of U.S. Patent Nos. 6,480,497 and 5,400,338. The patents are generally
directed to coordinate-based roaming node and a packet radio mesh network. The complaint seeks an injunction and monetary
damages. The Company answered the complaint on October 27, 2011. The claim construction hearing occurred on October 10, 2012,
and trial is scheduled to begin September 23, 2013. The court issued its claim construction Order on October 30, 2012. The Company
and WiAV Networks, LLC settled all outstanding litigation on January 11, 2013 for an amount immaterial to the Consolidated
Financial Statements. The court dismissed the case with prejudice on January 22, 2013.
On October 7, 2011, GrafTech International Holdings, Inc. (“GTI”) filed a lawsuit against the Company in the U.S. District Court for
the Northern District of Texas (Dallas Division). GTI alleges that the Company infringes U.S. Patent Nos. 6,482,520 and 6,982,874
generally directed to exfoliated graphite sheets for heat dissipation. The Company filed its Answer on February 27, 2012. The
complaint seeks an injunction and monetary damages. On September 17, 2012, the court granted the parties joint motion to
administratively close the case. Either party may request the court to reopen the case if it feels that settlement negotiations have hit an
impasse.
On November 17, 2011, Graphics Properties Holdings, Inc. (“GPH”) filed a complaint with the ITC against the Company along with
twelve other defendants. GPH alleges that the Company infringes U.S. Patent Nos., 6,650,327 (the “’327 Patent”) and 6,816,145 (the
“’145 Patent”) generally relating to display technology. GPH also alleges that the Company infringes U.S. Patent No. 5,717,881 (the
“’881 Patent”) generally relating to data processing. The complaint seeks orders prohibiting certain of the Company’s products from
being imported into the U.S. and sold in the U.S. Proceedings are ongoing. GPH withdrew the complaint and filed a new one
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